MOU MCDEM - AREO FINAL 8 NOV 2022.PDF

MEMORANDUM OF UNDERSTANDING

BETWEEN THE MARICOPA COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT AND
ARIZONA EQUINE RESCUE ORGANIZATION, INC. (AERO)

This Memorandum of Understanding (MOU) is entered between Maricopa County by and through its Department
of Emergency Management (MCDEM), and Arizona Equine Rescue Organization, Inc. (AERO), a charitable
volunteer organization authorized to operate in the State of Arizona. MCDEM and AERO are referred to herein
as a “Party” and collectively as “the Parties”.

1. PURPOSE. The purpose of this MOU is to outline responsibilities and major actions to support Maricopa
County Emergency Operations Center (MCEOC) response and recovery operations, specifically as it relates to
the coordination of large animal evacuations and care during or in the aftermath of a disaster or emergency.

2. SCOPE. This MOU provides guidance and documentation pertaining to large animal evacuation operations
for Maricopa County at the local level in coordination with AERO in the event of a major disaster or emergency.
Actions and agreements herein apply only to the participating Parties and are not intended to supersede existing
regulations or agreements or to commit the participating Parties to any action relative to a third party.

3. ASSUMPTIONS. Upon request from Incident Command and/or MCSO, MCDEM will coordinate with AERO
to manage large animal evacuation operations.

4. RESPONSIBILITIES.

a, AERO will, to the extent feasible and within its sole discretion, conduct the following emergency and
local disaster operations when requested by MCDEM.

i. Act as the lead agency regarding large animal evacuations for Maricopa County

ii. Provide resources and manpower to enable the safe evacuation of large animals from
affected areas.

iii. Provide mechanisms for the coordination of evacuation of large animals from affected
areas.

iv. Coordinate information pertaining to the evacuation of large animals with MCDEM and
animal owners via established and repeatable procedures.

v. Provide and maintain an accountability system for large animal evacuations that can be
monitored to include information Incident Command of all activity done in support of
large animal evacuations.

vi. Assist and support reunification procedures for large animals and owners.

vil. Follow all applicable safety protocols and response guidance directed by on-scene
responders.

b. MCDEM will, to the extent feasible and within its discretion, support AERO large animal evacuation
operations in the following areas:

i. Provide activation and operational guidance on disaster/emergency needs and serve as
the requestor for AERO large animal evacuation operations.
ii. Provide planning operations and coordination efforts applicable to the safe and effective
evacuation of large animals in accordance with established procedures.
iii. Track and update all applicable agencies on the status of large animal evacuation
operations utilizing established systems.

iv. Provide logistical/resource coordination operations between disaster response and
AERO operations.

5. FINANCIAL MANAGEMENT. There will be no transfer of funds or promise thereof between Maricopa County
and AERO.

6. NO PARTNERSHIP, NO EMPLOYMENT. Each Party represents that it does not intend to create a partnership
and the Parties agree that nothing in this MOU, implied or expressed, shall be construed as a creation of a
partnership between the parties. Each Party if providing separate, independent services for the community as
described herein. The coordination of the Parties does not constitute employment or agency arrangements, and
each Party shall be wholly responsibie for its own work, which is not directed nor under control of any other Party.

7. INDEMNIFICATION. Each Party (the “Indemnifying Party) shall indemnify, defend, and hold harmless the
other Party, its respective subsidiaries, directors, officer, employees, successors, and agents (collectively the
“Indemnified Party”) from and against all actions, causes of action, liabilities, claims, demands, suits, judgments,
liens, awards, damages, expenses, and losses of any kind and nature whatsoever, including reasonable and
necessary attorney and expert fees, arising from or proximately caused by breach of this MOU or by the
negligence or fault of the Indemnifying Party, its employees or agents, for property damage, personal injury or
death, provided, however, that the Indemnifying Party shall not be held liable for or be required to Indemnify the
other Party for any injuries and/or damages to any person or property to the extent resulting from the negligent
or wrongful acts or omissions of such other Party, their respective subsidiaries, directors, officers, employees,
successors, and agents.

8. DURATION AND TERMINATION. The duration of this MOU is to last three (3) years from the date of the final
signature of this document. The MOU may be terminated by either Party upon a thirty (30) day advance written
notice of termination.

9, GOVERNING LAWS. This MOU shall be governed by and construed in accordance with the laws of the State
of Arizona.

10. CANCELLATION. This MOU is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511.

11. FOREIGN PROHIBITIONS. Contractor certifies under A.R.S. §§ 35-291 ef seq., and 35-393 et seq., that it
does not have, and during the term of this MOU will not have, “scrutinized” business operations, as defined in
the preceding statutory section, in the countries of Sudan or Iran.

12. PLANNING AND IMPLEMENTATION. Cooperative arrangements for planning, exchange of information,
and continuation of cooperation will be developed and maintained.

This statement of understanding will be shared at all appropriate levels of AERO and Maricopa County and will
be in effective when signed by both parties and shall remain in effective until termination by written notification
by either Party.

13. APPROVED

For the Chairman, Board of Supervisors

(Date)

Clerk of the Board

Maricopa County Attorney: Approved as to Form:

(Date)

For Arizona Equine Rescue Operations, Inc.

ule, POu

(Date)